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Tenancy by the entirety in Delaware:

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Question & Answer

Review the question and all answer choices

A

Is not recognized

This is incorrect because Delaware does recognize tenancy by the entirety, making this option factually wrong. Students might confuse Delaware with states that have abolished this form of ownership.

B

Is available only to married couples

Correct Answer
C

Is available to all co-owners

This is incorrect because tenancy by the the entirety is not available to all co-owners in Delaware. It's specifically restricted to married couples, distinguishing it from other forms of co-ownership like joint tenancy which can be created by any co-owners.

D

Requires court approval

This is incorrect because court approval is not required to establish tenancy by the entirety in Delaware. It's created automatically when married couples take title in this form, without needing judicial intervention.

Why is this correct?

Delaware specifically recognizes tenancy by the entirety as a form of ownership available only to married couples. This legal status provides special protections against individual creditors and includes automatic right of survivorship, which is unique to married couples in Delaware law.

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